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The petitioners have their families and are permanent residents of Coochbehar. Their earnings from their engagement are the sole source of their livelihood. In the said conspectus, prima facie, it does not appear that they would flee from justice or delay the investigation by abscondence.
Calcutta High Court held that “in order to decide whether the suit is barred by any law, it is the statement in the plaint which will have to be construed.”
Calcutta High Court noted that specific provision under Section 84 of the Multi-State Co-operative Societies Act, 2002 mandates arbitration for disputes involving members and the society.
Calcutta High Court reasoned that the High Court’s jurisdiction under Article 227 is not appellate in nature and cannot be exercised to correct mere errors of fact.
Right to freedom of speech and expression does not confer right in absolute form to tarnish someone’s image and reputation which he/she owns in the society.
Calcutta High Court observed that the argument advanced by the applicants leave an impression that “a desperate attempt is made to have the order reviewed in the garb of recall”.